Roe v. Wade 410 U.S. 113 (1973)

Brianna DunnMr. Noel

Political ScienceNovember 27, 2013

Roe v. Wade 410 U.S. 113 (1973)

Jane Roe (Norma McCorvey)Plaintiff

Dr. James Halford Plaintiff-Intervener

Sarah Weddington and Linda CoffeeRoe’s Attorneys

Henry Wade (Dallas County District Attorney)Defendant

People Involved

Two previous children21 and pregnant againLied to get abortionSigned affidavit with Dr. Halford and two

lawyersAffidavit confirmed anonymityJane Roe origination

Who is Norma McCorvey?

Roe’s Argument Bill of Rights say, “A woman

has the right to terminate her pregnancy. It is improper of the State to deny individuals the personal… and sexual right to privacy.’’

Fetus was never considered a person in courts.

Stop Wade from enforcing Texas statutes

Used Texas statutes on abortion

A fetus is a person from the time of conception

Statutes need to be enforced

Both SidesWade’s Argument

1970: Weddington and Coffee challenge Texas statutes

December 13, 1971: United States District Court for the Northern District of Texas

Ruling: Favored Roe’s legal merits of the case,

however did not grant injunction.Issued Texas laws barring abortion as void.

Cross-appealed

District Courts

Admitted to two previous arrestsWanted injunctive reliefGranted declaratory reliefDismissed intervention

Dr. Halford

Fifth Circuit CourtFinal decision based on laws, not facts, in

Roe’s favorDue Process Clause of the Fourteenth

Amendment“Right to privacy, including a woman’s right

to terminate a pregnancy, against state action.”

Court of Appeals

Decided to hear it since it dealt with the Constitution

Two justices were not present during the first arguments

Justice Harry Blackmun was ordered to write the Courts opinion

May of 1972: Blackmun ordered a rearguing

Supreme Court

October 11, 1972: case was rearguedFinal decision was 7-2Blackmun delivered the Court’s opinion that

favored RoeMajority: strike down Texas laws on privacy

grounds

Majority Vote

Dissenters consisted of Justices Byron White and William Rehnquist

Court considered mother and her rights without thoughts of potential life

No constitutional rightRoe twisted legitimacy of true meaning of

Fourteenth Amendment

Dissenting Opinion

The Court case took over 3 years to finish. Therefore, McCorvey’s child was born during the arguments.

She opened the idea to abortion more.

However, she is now pro-life

Political Impact Today

"Roe v. Wade (1973)." Infoplease. 2005. Accessed November 14, 2013. http://www.infoplease.com/us/supreme-court/cases/ar35.html.

"Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. Accessed November 14, 2013. http://www.lawnix.com/cases/roe-wade.html.

www.east-buc.k12.ia.uswww.bibleprophecyblog.com www.pbs.org www.endroe.org freestudents.blogspot.com

Works Cited